Provision of personal protective equipmentE+W+S

4.—(1) [F1Subject to paragraph (1A),] every employer shall ensure that suitable personal protective equipment is provided to [F2their workers] who may be exposed to a risk to their health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

[F3(1A) Where the characteristics of any policing activity are such that compliance by the relevant officer with the requirement in paragraph (1) would lead to an inevitable conflict with the exercise of police powers or performance of police duties, that requirement shall be complied with so far as is reasonably practicable.]

(2) Every [F4relevant self-employed person] shall ensure that [F5they are] provided with suitable personal protective equipment where [F6they may] be exposed to a risk to [F7their health] or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective.

(3) Without prejudice to the generality of paragraphs (1) and (2), personal protective equipment shall not be suitable unless—

[F8(a)it is appropriate for the risk or risks involved, the conditions at the place where exposure to the risk may occur, and the period for which it is worn;

(b)it takes account of ergonomic requirements and the state of health of the person or persons who may wear it, and of the characteristics of the workstation of each such person;]

(c)it is capable of fitting the wearer correctly, if necessary, after adjustments within the range for which it is designed;

(d)so far as is practicable, it is effective to prevent or adequately control the risk or risks involved without increasing overall risk;

[F9(e)it complies with any legal requirement which is applicable to that item of personal protective equipment.]

[F10(4) Where it is necessary to ensure that personal protective equipment is hygienic and otherwise free of risk to health, every employer and every [F4relevant self-employed person] shall ensure that personal protective equipment provided under this regulation is provided to a person for use only by [F11them].]

[F12(5) In paragraph (3)(e), “any legal requirement” means any requirement of—

(a)an enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community Directive listed in Schedule 1; or

(b)Regulation (EU) 2016/425 of the European Parliament and of the Council on personal protective equipment and repealing Council Directive 89/686/EEC F13....]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Reg. 4 in force at 1.1.1993, see reg. 1